P A R T S I I I & I V

ANATOMY OF A FAILED PANDEMIC RESPONSE

A S e r i e s o f C r i t i c a l P a p e r s o n D u t e r t e A d m i n i s t r a t i o n ' s C O V I D - 1 9 I n t e r v e n t i o n s

Senator Leila M. de Lima

Photo by KJ Rosales/ Star

PART III D U T E R T E A D M I N I S T R A T I O N ’ S M E D I C A L R E S P O N S E A N D H E A L T H S E C T O R S U P P O R T

PART IV H U M A N R I G H T S R E P R E S S I O N I N T H E N A M E O F P E A C E A N D O R D E R A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E

On Monday, 27 July 2020, President Rodrigo R. Duterte will deliver his penultimate State of the Nation Address (SONA). At front and center of today’s public discussion is his administration’s response to the COVID-19 pandemic. As the effectivity of Republic Act No. 11469, or the “Bayanihan to Heal as One Act” had lapsed last June 25, Sen. Leila M. de Lima embarked on an analysis of key areas of the government’s response, particularly: (a) budget interventions; (b) welfare and social protection; (c) medical response and health sector support; and (d) human rights and peace & order.

Regularly submitting her comments to the Joint Congressional Oversight Committee with respect to all 14 weekly reports from President Duterte, pursuant to Section 5 of RA No. 11469, Senator De Lima has optimally used her lenses as human rights and social justice champion, being the Chairperson of the Senate Committee on Social Justice, Welfare and Rural Development.

These weekly comments, along with additional research inputs from her office’s Legislative Affairs Unit, have provided the bases for a series of analysis reports on the Duterte administration’s implementation of the Bayanihan Act, which the Senator has dubbed as the “Anatomy of a Failed Pandemic Response”.

This is the second and last half of the series, with Part III focusing on medical response, and Part IV discussing human rights at the time of pandemic.

Parts I and Part II, which delve on budget interventions and welfare system for marginalized and vulnerable groups, respectively, were published yesterday, 22 July 2020. Photo from Unsplash

JULY 2020 PAGE | 02 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I I I

DUTERTE shared the genetic sequence of the virus that was sending thousands to seek medical ADMINISTRATION’S assistance, and hundreds to their unexpected demise. A day later, officials confirmed a case MEDICAL RESPONSE in Thailand – the first recorded case outside AND HEALTH China. [8] On 23 January, weeks after the virus was SECTOR SUPPORT made known to the world, Wuhan was finally placed on a lockdown.[ 9] Some observed that By Senator Leila M. de Lima it was a belated response,[ 10 ] with five million residents having already left and travelled to The origins neighboring countries to seek refuge.[ 11 ]Despite On the last day of 2019, a brewing crisis – that the pleas from the Filipinos to shut the was, according to whispers, deliberately country’s borders while it still was ahead of [1] hidden from the public until it could no the game,[ 12] 600 Chinese tourists arriving on longer be contained [2 ] – finally emerged. On 31 different flights from Wuhan were able to December 2019, the Wuhan Municipal Health enter the country [13 ] – before our airports and Commission in China finally reported a cluster seaports were even equipped with health and of cases of pneumonia in Wuhan, Hubei safety protocols that the medical emergency Province.[ 3] The revelation came weeks after demanded. It was the cataclysmic event that the first [4] reported cases surfaced in the triggered the nation’s catastrophic battle province – prompting speculations about the against the virus that would later infect actual figures and the real threat that was millions and kill by the hundreds of about to hit the world. It was a medical thousands globally. mystery that was unfolding before the eyes of the world, waiting for the seeds that it has The ties that bind, the ties that break us silently planted to germinate, hatch and While the stories from neighboring countries wreak havoc. should have sounded the alarm, the Philippines failed – by acquiescence, by [5] Four days later, on 4 January 2020, the World neglect, by tolerance – to heed the warnings. Health Organization (WHO) revealed on social It did not immediately close our borders to media what was then only the subject of the virus which could have been contained speculations among colleagues in the had health protocols been immediately set in medical field about a new virus spreading place in our ports. around and causing a hurried diaspora from amongst the populace in the Chinese It was the earliest days of the crisis, and the province first and most affected. A week later, Filipinos were filled with fear after having China reported its first known death from the seen in news articles how the virus quickly illness.[ 6] It was the earliest days of the virus – debilitated the health systems even of the medical experts and scientists traced the [1] https://www.washingtonpost.com/politics/2020/03/10/wuhan-officials-tried-cover-up-covid-19-sent-it- disease to a newly discovered zoonotic careening-outward/ [2] https://asiatimes.com/2020/04/how-china-hid-tens-of-thousands-of-virus-deaths/ [3] https://www.who.int/news-room/detail/29-06-2020-covidtimeline coronavirus. They initially dubbed is as the [4] https://www.ndtv.com/world-news/coronavirus-pandemic-started-between-october-6-and- december-11-last-year-says-report-2224751 2019 novel coronavirus or 2019-nCoV, a new [5] https://www.who.int/news-room/detail/27-04-2020-who-timeline---covid-19 [6] https://www.nytimes.com/2020/01/10/world/asia/china-virus-wuhan-death.html virus whose origins remained unknown, and [7] Supra Note 4 [8] https://www.who.int/csr/don/14-january-2020-novel-coronavirus-thailand-ex-china/en/ whose virulence the world was yet to [9] https://www.theguardian.com/world/2020/jan/23/coronavirus-panic-and-anger-in-wuhan-as-china- orders-city-into-lockdown [10] https://www.thejakartapost.com/news/2020/01/24/this-time-im-scared-experts-fear-too-late-for- shockingly discover. china-virus-lockdown.html [11] https://www.businessinsider.com/5-million-left-wuhan-before-coronavirus-quarantine-2020-1 [12] https://www.rappler.com/nation/250603-netizens-reaction-philippines-coronavirus-case-china- travel-ban [7] On 12 January 2020, China finally publicly [13] https://newsinfo.inquirer.net/1220319/doh-should-watch-kalibo-after-departure-of-500-wuhan- tourists

JULY 2020 PAGE | 03 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I I I

most developed countries. Having witnessed that ultimately exacerbated the crisis. several countries shutting their doors,[ 14 ][1 5] the Ignoring the tell-tale signs of a brewing people begged the government to shut our storm, it refused to accept the prudent borders and to stop issuing visas on arrival. response that any health crisis of this They demanded that their safety and health magnitude entailed. be made top priority – as good governance entails. But it was the very Department of The chaos escalated when the world’s first Health (DOH) Secretary, who should have COVID-19 death outside China was recorded been most apprised of the risks that our here in the Philippines. [2 3]This, after Secretary country and our people are being exposed to, Duque turned a blind eye as the residents that declared before the members of the from Wuhan continued to arrive in the House of Representatives [16 ] how our ties with Philippines against the behest of the Filipinos China weigh more heavily than the threat of to shut our borders. It was a foreboding virus. [17 ] It was the most eloquent declaration warning of what would later become the of Secretary Francisco Duque’s true priorities – longest lockdown in the world that entailed it was a reflection of how he led our country’s trillions in spending and debt. fight with the virus to a defeat. It was only on 16 March 2020 that the entire In the midst of a health crisis of epic Luzon with all of its 57 million inhabitants proportions, the man who should have been was placed under an Enhanced Community at the top of his game, feared shutting our Quarantine (ECQ),[ 24 ] and our ports were shut borders would hurt the feelings of our down.[ 25 ] A thousand cases too late. The virus Chinese neighbors. Our people’s right to has already found its way across the health and safety sidelined in order to uphold archipelago by this time, and putting the our diplomatic ties with China. He Filipinos’ lives on a grinding halt was no underestimated its virulence as he raised our longer sufficient to shelter us from the storm. ties with China to a pedestal. Before the scientific and medical experts could even The DOH and Inter-Agency Task Force on begin to dissect the virus for its capacity to Emerging Infectious Diseases (IATF-EID) bring countries down to their knees, Secretary should have exercised the highest degree of Duque said that as in the cases of seasonal diligence in stemming the spread of the virus. viruses, keeping throats moist would be very These agencies should have listened to the

helpful in fighting against the virus[ 18 ] – a claim scientific and medical experts when they said which was later rebutted by no less than that there is an urgent need to “trace, test World Health Organization.[ 19 ] It was his series and treat.”They have ignored our neighbors’

of blunders at the start of this war that has lessons in tackling the virus.[ 2 6 ] Our government pushed our fight into a quicksand. When he

said that we have a low infection rate – [14] https://www.scmp.com/news/hong-kong/health-environment/article/3076348/coronavirus-after- singapore-and-taiwan-close deliberately omitting the fact that it was only [15] https://www.scmp.com/news/hong-kong/politics/article/3076426/hong-kong-ban-all-tourists-battle- coronavirus-spread because of our low testing rate [2 0] – when he [16] https://news.mb.com.ph/2020/01/29/duque-rejects-ban-on-chinese-tourists-cites-diplomatic- political-repercussions/ [17] https://www.rappler.com/nation/250506-coronavirus-scare-travel-ban-mainland-chinese-not-for- failed to realize how it amounted to an now-duque [18] https://pcoo.gov.ph/wp-content/uploads/2020/01/20200127-LAGING-HANDA-PRESS-BRIEFING- invitation to spread the virus when he said WITH-PCOO-SECRETARY-MARTIN-ANDANAR-DEPED-SECRETARY-LEONOR-BRIONES-AND-DOH- SECRETARY-FRANCISCO-DUQUE.pdf that there is no evidence of asymptomatic [19] https://www.rappler.com/newsbreak/fact-check/256359-drinking-water-washes-coronavirus- stomach-prevents-entering-lungs transmissions.[ 21]How devastatingly wrong he [20] https://www.rappler.com/newsbreak/fact-check/257462-fact-check-duque-claims-philippines-low- coronavirus-infection was – and how unfortunately so for the [21] https://www.gmanetwork.com/news/news/nation/739088/no-evidence-yet-that-asymptomatic- covid-19-patients-can-infect-others-says-duque/story/ [22] https://www.msn.com/en-ph/news/national/extended-quarantine-shows-lack-of-foresight-in-govt- Filipinos. response-%E2%80%93bayan/ar-BB12qss2 [23] https://www.bbc.com/news/world-asia-51345855 [24] https://www.aljazeera.com/news/2020/03/coronavirus-philippines-quarantines-island-57-million- Nonchalance albeit the warnings people-200316161225532.html [25] https://www.ctvnews.ca/health/coronavirus/-sealed-off-to-fight-coronavirus-outbreak- 1.4853781 It was this government’s lack of foresight [22] [26] https://asia.nikkei.com/Opinion/Philippines-ignored-neighbors-lessons-on-how-to-tackle- coronavirus JULY 2020 PAGE | 04 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I I I

should have adopted the best practices on conflicting statements of those who are contact-tracing and isolating patients that tasked to stir the nation to survival. our neighboring countries implemented to Frontliners flatliners help them keep their numbers at bay.a[27 ] Instead, these agencies focused their Perhaps the most articulate image that attention, efforts and resources on clamping symbolized how ill-prepared and ill-equipped down quarantine violators and locking them our country is to survive this crisis, is the fact up in holding facilities that were too cramped the healthcare workers were the first to fall to [37] to allow the exercise of physical distancing.[ 2 8]a the virus. But it was only after they begged It fought against the poor and the homeless, for support.[ 38][3 9] that the country started those who only tried to make a living; it procuring Personal Protective Equipment declared those who violated curfews and the (PPEs) – at a questionably exorbitant price. [40] leftists as the enemy. However, not long after the government has As the rest of the world focused on spent billions [41 ] for the procurement of the interventions that have solid scientific and necessary medical supplies and equipment to medical basis, our officials remained oblivious protect the medical frontliners, employees of of the policies that had to be implemented. It the Philippine General Hospital (PGH), one of empowered the uniformed men as if the the designated COVID-19 facilities, exposed enemy is not the unseen force.[ 29 ] – the very the command given to them to reuse masks men who would later breach quarantine rules because the rations will be fewer – at 3 per [42] to stage a party to celebrate a birthday,[ 30 ] a week. Unbelievable how quickly we have ran while families had to painfully say goodbye to out of supplies despite the amounts their loved ones and grieve at a distance; [3 1 ] the disbursed. They were left to their own devices very men who had the audacity to shoot a – to dry out and reuse PPEs and masks, to reach out to the public for donations,[ 4 3] to ride war veteran[ 32 ] in broad daylight. [3 3] As Japan and Korea doubled their efforts in contact- bicycles for hours under the scorching heat of the summer sun to hospitals [44 ] because the tracing, [34 ] Secretary Duque, in February, has declared that the government would instead government did not have them in mind when focus its efforts on strengthening the it suspended transportation operations, and capacities of health facilities nationwide.[35][36] to pull out of their own pockets their hard- earned money to pay for a ticket after having With billions already at the disposal of the been flagged down for back-riding in a DOH, the country has not yet reached its daily bicycle as they travel to work target of testing. Contact-tracing also lags

behind. [27] https://news.cgtn.com/news/2020-04-10/COVID-19-Global-Roundup-How-Southeast-Asian- countries-acted--PzGgCpHjHi/index.html [28] https://www.aljazeera.com/news/2020/04/poverty-punished-philippines-tough-virus-pandemic- 200413063921536.html [29] https://www.philstar.com/headlines/2020/04/19/2008330/war-narrative-covid-19-crisis-fails- Despite trillions in spending and debt, the empower-filipinos-groups-say [30] https://www.interaksyon.com/politics-issues/2020/06/17/170959/from-mananita-despedida-how- country has now become one of the worst hit some-govt-employees-breached-quarantine-protocols/ [31] https://www.bworldonline.com/coronavirus-disrupts-end-of-life-rites-forces-grief-at-a-distance/ in Southeast Asia. While most of our [32] https://www.rappler.com/nation/258774-winston-ragos-mom-message-duterte-government- coronavirus-the-enemy-not-son neighboring countries have kept their [33] https://www.straitstimes.com/asia/se-asia/philippine-army-vet-shot-by-cops-at-quarantine- checkpoint-gets-heros-burial numbers at manageable levels, we have [34] https://asiatimes.com/2020/06/japans-contact-tracing-method-is-old-but-gold/ [35] https://www.rappler.com/nation/252762-doh-stops-contact-tracing-coronavirus-shift-effort- preparedness found ourselves in the middle of a debate [36] https://www.businessinsider.com/coronavirus-south-korea-tech-contact-tracing-testing-fight-covid- 19-2020-5 between our government officials on whether [37] https://www.npr.org/sections/coronavirus-live-updates/2020/04/03/826804519/pandemic-claims- doctors-in-the-philippines-at-startling-rates we are already in the second wave of the [38] https://mb.com.ph/news/2020/03/27/hospital-calls-for-donations-in-kind-supplies-running-out/ [39] https://www.cnnphilippines.com/news/2020/3/31/17-frontline-COVID-19-doctors-dead-due-to-lack- global pandemic. While most of Southeast of-PPE-.html [40] https://www.cnnphilippines.com/news/2020/4/1/Senators-question-probe-PPE-DOH-frontliners- COVID-19.html Asia have overcome the worst of the wave, [41] https://www.cnnphilippines.com/news/2020/3/30/DOH-purchases-P1.8-billion-worth-of-PPE-.html [42] https://www.facebook.com/aupwunational/posts/2899242510131088 the Philippines is found caught between [43] https://www.gmanetwork.com/news/lifestyle/healthandwellness/730493/lung-center-asks-for- donations-for-healthcare-workers-battling-covid-19-threat/story/ [44] https://www.rappler.com/newsbreak/in-depth/254711-little-protection-government-coronavirus- frontliners JULY 2020 PAGE | 05 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I I I

Workers (OFWs) which had only just been because they have no choice. [45] processed.[ 51] Second, they also noted the They were made to man the frontlines sans a government’s increased testing capacity and concrete and comprehensive government its efforts to catch up on the testing backlogs plan to stem the spread of the virus. as soon as possible.[ 52]

Data Reporting When the WHO noted that we had On 5 July 2020, the DOH reported 2,434 experienced the highest number of reported additional COVID-19 cases. This was the cases in the Western Pacific region from 16 to highest day-to-day figure ever reported at the 27 June, Presidential Spokesperson Harry time, and brought the country’s total to Roque, in typical fashion, went on the 44,254. The DOH sought to soften the blow by defensive and urged the WHO to refrain from

adding a caveat: that the surge is being “cherry picking” data for comparison.[ 53 ] Efforts caused by the increased contact among the to downplay the failures of the government in population resulting from the relaxation of coming up with an effective public health quarantine measures. [46] response to the pandemic are evident in how data is presented to the general public. As Earlier, on 1 June, the total number of cases the number of daily reported cases have once stood at 18,638.[ 4 7] Barely over a month later on again begun to reach record-highs, the DOH 3 July, the total number of cases was at has also shifted the way by which the data is [48] 40,336. This upward trend in the data can be reported.[54] partially attributed to the DOH’s earlier assertion as this covers the period since Metro Testing and Tracing Manila and other regional hotspots were We have been playing catch-up since the very placed under General Community Quarantine beginning of this outbreak and we have yet to (GCQ). However, infections still managed a capture its true extent. The DOH has long steady rise even when the entire country, stood by being able to meet established particularly the island of Luzon, was placed thresholds for positivity rate and case

under various degrees of lockdown. doubling time [55 ] to reassure the public that everything is under control. From 16 March to 31 May 2020, the total number of cases ballooned from a little over a Yet, not all is as rosy as they make it out to be. hundred to well over 18,000. From the For one, the DOH, per their own framework, beginning of the lockdown up to the end of considers localities to be at moderate risks for April, the number of positive cases hovered COVID-19 infection and allows them to shift to around 200 cases per day, on average. a lower level of quarantine only if its case Despite the steady rise in cases, the DOH doubling time falls between seven and 30 prematurely (and wrongfully) claimed that days or it does not meet the outbreak

the country had begun to “flatten the curve”[a49] threshold. [56] on 8 May when it cited that the positivity

ratea[50 ] had met WHO thresholds. [45] https://www.rappler.com/nation/256018-health-workers-fined-for-backriding-coronavirus-lockdown 46] https://newsinfo.inquirer.net/1302341/doh-increased-public-contact-causing-surge-in-virus-cases [47] https://www.facebook.com/OfficialDOHgov/photos/a.157979910879936/3369360226408539 [48] https://www.facebook.com/OfficialDOHgov/photos/a.157979910879936/3463775596967001 [49] https://www.rappler.com/nation/260313-doh-claims-philippines-flattening-curve-coronavirus- Yet, when the average of positive cases positivity-rate [50] Positivity rate refers to the percentage of people who test positive for COVID-19 out of the total exceeded 300 persons per day around mid- number of persons tested. The WHO has suggested a positive rate of around 3–12 percent as a general benchmark of adequate testing. May, the DOH had another excuse (or two) up [51] https://newsinfo.inquirer.net/1281769/doh-sudden-surge-in-new-covid-19-cases-due-to-returning- ofws-test-results [52] http://outbreaknewstoday.com/philippines-covid-19-cases-rise-as-testing-increased-clearing-of- their sleeves. First, they claimed that this backlog-93002/ [53] https://www.philstar.com/headlines/2020/06/29/2024339/who-philippines-covid-cases-rising-fastest- sudden surge in COVID-19 cases were partly region [54] https://manilastandard.net/news/top-stories/327770/doh-to-shift-reporting-of-virus-cases.html attributable to the inclusion of the positive [55] Case doubling time is simply the time it takes for the number of cases to double. The higher the number, the longer it takes for the cases to double, and the more manageable it is, in theory. test results of returning Overseas Filipino [56] https://newsinfo.inquirer.net/1282119/doh-notes-improvement-in-virus-case-doubling- time#ixzz6NgsSn7Zc

JULY 2020 PAGE | 06 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I I I

In DOH’s Virtual Presser on 6 July, it was reported that the case doubling time in the COVID-19 hotspots of Cebu City and the National Capital Region (NCR) stands at 7.95

and 8.39 days, respectively, as of July 3. [ 5 7 ] At first glance, seven days appears to be an acceptable lower limit for the case doubling time threshold, especially considering that the figure was reportedly much lower prior to Fig. 2. Nationwide Cases Data (As of July 4, 2020). the imposition of the lockdowns. But, when Retrieved from https://www.doh.gov.ph/covid19tracker compared to the data for case doubling times around the world as of 5 July, this lower limit For argument’s sake, if we were to take the is revealed to be much too low as all but four DOH at its word and buy into the (false) countries manage to clear it. [58 ] The world narrative that they are on top of the COVID-19 average case doubling time is at 39 days as of situation based on positivity rate and case 5 July [5 9 ] which means that even if we manage doubling time, we must then look into the to push case doubling time to the upper limit next step of the government’s public health prescribed by the DOH, we would still fall response: contact tracing. The government woefully short of global standards. has also fared poorly in this endeavor to say the least. For starters, per DOH data as of 4 On the other hand, for all the hype the DOH July, 12,183 out of 29,087, or almost 42 percent attributes to our low positivity rate [6 0 ], it simply of the total active cases in the Philippines are tells us if we are doing enough tests to classified under “Unknown Province/City”. In monitor the outbreak. It does not indicate other words, 2 in every 5 persons in the whether infections are trending upward or country with the COVID-19 virus have yet to downward. be located.

Fig. 3A. Total Active Cases Nationwide in “Unknown Province/City” (As of July 4, 2020). Source: https://www.doh.gov.ph/covid19tracker

Fig. 1. Daily Positivity Rate (As of July 5, 2020). Retrieved from https://www.doh.gov.ph/covid19tracker

A better way to forecast the trajectory of Fig. 3B. Total Active Cases Nationwide (As of July 4, 2020). positive cases would be to make use of the Source: https://www.doh.gov.ph/covid19tracker daily 7-day moving average of total reported cases. On 1 June, the daily 7-day moving [57] https://www.facebook.com/156566631021264/videos/3283778784977274 [58] https://www.statista.com/statistics/1104809/days-for-covid19-cases-to-double-select-countries- [61] average was at 378.7. Not even 3 weeks later, worldwide/ [59]Ibid. on 21 June, it nearly doubled to 717.1, and has [60] In the Philippines, the cumulative positivity rate (total positive individuals / total individuals tested) as of July 5, 2020 is 7.4%. Retrieved from https://www.doh.gov.ph/covid19tracker trended upward in the weeks since. [61] A moving average is a technique to get an overall idea of the trends in a data set; it is an average of any subset of numbers. The moving average is extremely useful for forecasting long-term trends. Retrieved from https://www.statisticshowto.com/moving-average/

JULY 2020 PAGE | 07 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I I I

The ratio of unknown-to-known locations of point of physical and mental exhaustion, we persons with COVID-19 is essentially the same know there will come a day of reckoning for for the same period in the known hotspot this tragedy of errors. More and more it is that is the NCR, with 4,723 out of 12,068, or 39 being revealed that there is no plan beyond percent of active cases within the region are imposing large-scale quarantines for in unknown locations. extended periods as the Duterte administration awaits the COVID-19 vaccine to be generously supplied by our Chinese overlords.[63]

We have been seeking answers but all we’ve got so far are excuses. There is only so much

Fig. 4A. Total Active Cases in the NCR in “Unknown Province/City” the Duterte administration can do to (As of July 4, 2020). Source: https://www.doh.gov.ph/covid19tracker manipulate public perception. Perhaps they will eventually own up to their mistakes and present the situation in a manner that best captures the reality of the pandemic, but we shouldn’t hold our collective breath as history has told us that that they would rather protect their own fragile egos rather than the Fig. 4B. Total Active Cases in the NCR (As of July 4, 2020). health and well-being of the Filipino people. Source: https://www.doh.gov.ph/covid19tracker

How is it even possible to conduct a COVID-19 test without gathering all pertinent contact information about the patient beforehand? The DOH can test all the people they want but if they cannot even locate two-fifths of all active cases nationwide, then initiating efforts to trace for their immediate contacts is out of the question.

What then can we conclude from this? Simply put, the Duterte administration is deliberately misleading the public on the state of the pandemic and overstating their capability to provide a comprehensive and effective public health response. While they may be monitoring the spread of the COVID-19 virus, they have no idea where a vast portion of the cases are coming from, hence, their trigger- happy tendencies to impose blanket lockdowns across entire regions instead of proper targeted efforts at detecting and isolating positive cases.

Now, as we begin to approach the critical

capacity of our health facilities [62 ] and as our [62] https://newsinfo.inquirer.net/1302679/11-metro-manila-hospitals-report-100-utilization-of-covid-19- beds [63] https://globalnation.inquirer.net/188507/xi-assures-du30-ph-gets-priority-access-once-china- frontline health workers are pushed to the develops-vaccine

JULY 2020 PAGE | 08 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I V

HUMAN RIGHTS Duterte administration’s well- documented hostility towards freedom REPRESSION IN of the press and online critics, this [Section 6(f) of Bayanihan Law] could THE NAME OF be used to criminalize any online information the government dislikes. Instead of seeking to shut down online PEACE AND information the Duterte administration should respect the rights to freedom of ORDER expression and access to information.” [1]

By Senator Leila M. de Lima Article 154 of the Revised Penal Code is being used by the National Bureau of Instruments of Lawfare Investigation (NBI) to summon netizens During the period of extended lockdown in for their posts on social media. The the country, there have been incidents of Department of Justice (DOJ) on gross and repeated violations of human February 4 issued an order authorizing rights, which are distinctly characterized by the NBI to investigate “alleged the law enforcement agencies’ use of the deliberate spread of misinformation legal framework to go against critics and and fake news” related to the political opponents of President Rodrigo coronavirus.[2] Duterte. This lawfare against the civil and political rights of the people have been The Revised Penal Code punishes facilititated either or both by the express “Resistance and Disobedience to Persons pronouncements of Duterte himself, and the in Authority or Agents of Such Persons” gaps created by the legislature in our under Article 151[ 3 ] . statutes, thus:

Section 9 of R.A. 11332, otherwise known as Sec. 6(f) of R.A. 11469, or the Bayanihan to Mandatory Reporting of Notifiable Heal as One Act punishes “Individualsor Diseases and Health Events of Public groups creating, perpetrating, or spreading Health Concern Act”, punishes the false information regarding the COVID-19 following acts- crisis on social media and other platforms, (a)Unauthorized disclosure of private such information having no valid or and confidential information pertaining beneficial effect on the population, and to a patient’s medical condition or are clearly geared to promote chaos, panic, treatment; anarchy, fear, or confusion; and those (b)Tampering of records or intentionally participating in cyber incidents that make providing misinformation; use or take advantage of the current crisis situation to prey on the public through scams, phishing, fraudulent emails, or [1] Ramos, Christia Marie. Inquirer.net. Rights group warns ‘Bayanihan’ law provision may be misused vs critics. 25 March 2020. Retrieved from https://newsinfo.inquirer.net/1248081/rights-group-warns- bayanihan-law-provision-may-be-misused-vs-critics#ixzz6S8W7IW9x other similar acts.” [2] Vitug, Marites Danguilan. Rappler. [ANALYSIS] Duterte crushes free expression amid pandemic. 4 May 2020. Retrieved from https://www.rappler.com/thought-leaders/259453-duterte-crushes-free- expression-coronavirus-pandemic [3] Article 151. Resistance and disobedience to a person in authority or the agents of such person. - The In a statement, Human Rights Watch penalty of arresto mayor and a fine not exceeding One Hundred Thousand Pesos (P100,000) pesos shall be imposed upon any person who not being included in the provisions of the preceding articles (HRW) deputy Asia director Phil shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties. When the disobedience to an agent of a person in authority is not of a Robertson feared that “given the serious nature, the penalty of arresto menor or a fine ranging from Two thousand Pesos (P2,000) to Twenty thousand pesos (P20,000) shall be imposed upon the offender." (Underscoring supplied)

JULY 2020 PAGE | 09 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I V

(c)Non-operation of the disease and military … if there is trouble or the surveillance and response systems; situation arises where your life is on the (d)Non-cooperation of persons and line, shoot them dead,” “Understand? entities that should report and/or Dead. I’ll send you to the grave. … Don’t respond to notifiable diseases or health test the government.” [6] events of public concern; and (e)Non-cooperation of the person PNP Deputy Chief for Operations Lt. Gen. orentities identified as having the , who heads the Joint notifiable disease, or affected by the Task Force COVID-19 Shield, said in a health event of public concern. report that it is better for local officials to Disclosure of confidential information parade quarantine violators in the streets will not be considered violation of this instead of sending them to jails[7.] Act under this section if the disclosure was made to comply with a legal order Findings issued by a court of law with Quick figures competent jurisdiction.

The number of cases of human rights In a report, PNP Chief PGen. Archie abuses are simply appalling, thus: Gamboa said that police will immediately arrest without any warning As of 31 May 2020, there are a total of those who will violate the Luzon-wide 193,779 Filipinos arrested for alleged enhanced community quarantine violations during the lockdown among guidelines. PNP Chief Gamboa cited which 58,848 were charged and 15,307 ECQ Violators will be charged under were detained. As of 10 June 2020, 2,637 Bayanihan to Heal as One Act, are still detained in congested jails.[8] Mandatory Reporting of Notifiable Diseases and Health Events of Public The Commission on Human Rights (CHR) Health Concern Act, and Article 151 of has received 368 requests for assistance the Revised Penal Code, which and complaints, coming mostly from the penalizes the act of resistance and National Capital Region, Central Luzon, disobedience to a person in authority.[4] and Calabarzon.

The DOJ seconded this and said that authorities may arrest people even if they “do not seriously resist” police action to abide by the curfew and other restrictions while CHR responded that violations “should not be automatically

meted with arrest” and added that such [4] Yumol, David Tristan. CNN Philippines. PNP chief: Quarantine violators face immediate arrest without warning. 21 April 2020. Retrieved from https://cnnphilippines.com/news/2020/4/21/quarantine-violators- arrests could lead to additional human face-arrest-without-warning.html?fbclid=IwAR3INuSLjxIe2SiXY- b8p51gxBq2aH6DBWm3VCDXaIDBKNIBt0fuWBO_bsI rights abuses.[5] [5] Human Rights Watch. Philippines: Curfew Violators Abused : COVID-19 Response Should Respect Detainee Rights. 26 March 2020. Retrieved https://www.hrw.org/news/2020/03/26/philippines-curfew- violators-abused. [6] Billing, Lynzy. Foreign Policy. Duterte’s Response to the Coronavirus: ‘Shoot Them Dead’ :The Philippines president’s order to kill quarantine violators amid coronavirus chaos tests democracy yet Last April 1, President Duterte delivered an again in his country.16 April 2020. Retrieved from https://foreignpolicy.com/2020/04/16/duterte- philippines-coronavirus-response-shoot-them-dead/ impromptu national address with a short [7] Jalea, Glee. CNN Philippines. PNP: Better to parade quarantine violators rather than imprison them. 20 April 2020. Retrieved from https://cnnphilippines.com/news/2020/4/20/PNP-parade-quarantine- and clear message: “My orders to the violators-instead-of-imprisoning-them.html [8] Buan, Lian. Rappler. Court clears activists in quarantine case, use of ‘broad’ law improper. 10 June 2020. Retrieved from https://rappler.com/nation/court-clears-activists-quarantine-case-notifiable- police disease-law-improper

JULY 2020 PAGE | 10 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I V

Notorious human rights violations

DATE INCIDENT SOURCE

Local officials in Santa Cruz, Laguna https://www.hrw admitted locking up five youths inside a .org/news/2020/03/ dog cage. The officials sought to justify 26/philippines- 20 Mar 2020 their action by saying the youths had curfew-violators- violated the curfew and been verbally abused abusive, and said that they had also been rounding up stray dogs that night.

Stories of alleged harassment surfaced on https://www.intera social media. ksyon.com/celebrit ies/2020/03/26/165 During a routine check at a checkpoint, a 098/reports- soldier gave his number to a woman, harassment- 23 Mar 2020 together with her license and quarantine women-muslim- pass. checkpoints-pnp- afp-bela-padilla/ Some women were forced to take their helmets by law enforcers manning the checkpoints. Some were asked where they live.

A reporter from DZMM Teleradyo shared https://www.intera a video of a police officer in Quiapo, ksyon.com/celebrit Manila cursing at and slapping a resident ies/2020/03/26/165 with a stick for leaving home quarantine 098/reports- 24 Mar 2020 despite presenting a quarantine pass. harassment- women-muslim- checkpoints-pnp- afp-bela-padilla/

A barangay in Parañaque drew criticism https://www.phil for leaving violators of the city’s 24-hour star.com/headlines 25 Mar 2020 curfew to sit under the heat of the sun. /2020/03/25/20032 70/paraaque- curfew-violators- tortured

Two children were also locked in a coffin savethechildren.ne in Cavite as punishment for violating t/news/covid-19- curfew rules. save-children- calls-philippines- 26 Mar 2020 officials-stop- cruel-and- humiliating- treatment

JULY 2020 PAGE | 11 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I V

Pasig Mayor Vico Sotto was summoned https://www.rapple by the NBI for allegedly violating the r.com/nation/2566 Bayanihan to Heal as One Act, particularly 80-vico-sotto- 01 Apr 2020 that of disobeying national government response-nbi- policies or directives in imposing summons-april-1- quarantines. It must be noted that the 2020 supposed violation occurred before the Bayanihan Law was passed.

Police violently dispersed a peaceful https://www.amne protest by City residents who had sty.org.uk/urgent- gathered to demand government aid actions/residents- during the COVID-19 community seekiang-covid-19- quarantine. 21 protesters were arrested, relief-charged detained and released on bail 5 days later.

01 Apr 2020 On the same day, President Duterte during his televised address, ordered police and soldiers to “shoot” residents causing “trouble” during the government’s lockdown. He likewise reiterated “not to intimidate government” and to “not challenge the government”

because whoever will, will surely lose [9 ].

Two journalists based in Cavite – Latigo https://rsf.org/en/n News TV website editor Mario Batuigas ews/two- and video blogger and online reporter philippine- Amor Virata—were accused of spreading journalists-face- 02 Apr 2020 “false information on the Covid-19 crisis” two-months- under Section 6(f) of the "Bayanihan to prison- Heal As One Act. coronavirus- reporting

Barangay Chairman Christopher https://www.intera Bombing Punzalan of Pandacaqui, ksyon.com/trends- Mexico, Pampanga punished curfew spotlights/2020/04 violators, who happened to be members /08/166041/urgent- probe-sought-into- 05 Apr 2020 of the LGTBQ+ community, by specifically asking them to perform a sexy dance in barangay- front of a 15-year-old minor who also went captains-sexy- past the curfew time. Two of them were dance- also asked to kiss each other. These punishment-for- activities were all documented in a curfew-violators/ Facebook live video, which was deleted later on.

[9] Reporters Without Borders. Two Philippine journalists face two months in prison for coronavirus reporting. 6 May 2020. Retrieved from https://rsf.org/en/news/two-philippine-journalists-face-two-months-prison-coronavirus-reporting

JULY 2020 PAGE | 12 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I V

Junie Dungog Piñar, a 63-year-old farmer, https://rappler.co was shot dead by policemen at a m/nation/police- checkpoint. He was reportedly enraged shoot-dead- 06 Apr 2020 when told to wear a face mask at a farmer-agusan- checkpoint, and tried to attack cops with del-norte- a scythe. coronavirus

In Barangay Bagong Nayon, Antipolo, 39 https://m.facebook violators were asked to stay inside a .com/story.php? 14 Apr 2020 detention court for eight to ten hours story_fbid=2459187 without giving them food or drink. 664392242&id=176 0728854238130

Police officers in Norzagaray, Bulacan https://newsinfo.inq arrested activists, including former uirer.net/12 Anakpawis Rep. Ariel Casilao, who were 63190/govt-more- on their way to provide relief assistance interested-in- for farmers. They were charged with human-rights- 19 Apr 2020 sedition. Found in their vehicle were old violations-than- issues of a publication for farmers. solving-covid-19- problems-group- says#ixzz6S3Y6NL6e

Poet and scriptwriter Maria Victoria https://newsinfo.in Beltran based in Cebu City was arrested quirer.net/1263014/ after allegedly spreading ‘fake news’ chr-probing- about 9,000 high coronavirus infection arrest-of-cebu- 19 Apr 2020 rates in the said Sitio Zapatera. Beltran film-writer-over- was also said to have taken down the social-media-post- post after Cebu City Mayor Edgar Labella on-covid- threatened her with an arrest. 19#ixzz6S3YTizOd

Four (4) cops stormed the high-end https://www.rapple Pacific Plaza Towers (PPT) condominium r.com/newsbreak/i complex in Bonifacio Global City, Taguig n-depth/259493- City, threatening guards with arrest if policing- 20 Apr 2020 they were not allowed in, and then coronavirus- accosting residents who did not wear pandemic- face masks and allegedly did not practice philippines-still- physical distancing in common areas. stuck-drug-war- They carried guns without warrants. blueprint

Retired soldier Winston Ragos, who was https://www.gman suffering from post-traumatic stress etwork.com/news/ disorder (PTSD), was fatally shot by police news/metro/735154 21 Apr 2020 at a quarantine checkpoint following an /cops-shoot-army- altercation. vet-dead-kin-say- he-was-unarmed- had-mental- issues/story/

JULY 2020 PAGE | 13 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I V

A DOLE Official has asked Taiwan to https://rappler.co deport Elanel Egot Ordidor, a Filipino m/nation/dole- caregiver, for allegedly discrediting and asks-taiwan- maligning President Duterte on her post deport-ofw- stating that it was aimed to “destabilize facebook-posts- 25 Apr 2020 the government” and “cause hatred criticize-duterte amidst the global health crisis”. [1 0 ] Taiwan, however, upheld the worker’s right to free speech and rejected DOLE’s request.

Spanish citizen, Javier Salvador Parra, was https://www.rapple tackled to the ground by a cop arresting r.com/newsbreak/i him after his househelp did not wear a n-depth/259493- face mask while watering their house policing- 26 Apr 2020 plants. coronavirus- pandemic- philippines-still- stuck-drug-war- blueprint

Quezon City local authorities were caught https://www.rapple on video dragging and beating fish r.com/nation/2592 vendor Michael Rubuia for having failed 89-quezon-city- 28 Apr 2020 to wear a face mask and for not carrying a officials-maul- quarantine pass. drag-fish-vendor- not-wearing-face- mask

Reynaldo Orcullo was arrested for his https://www.cnnph social media post against Senator Bong ilippines.com/new Go and President . s/2020/5/14/Dutert 10 May 2020 e-cyberlibel-arrest- Agusan-del- Norte.html

Ronnel Mas, 25, public school teacher, https://www.cnn.p was arrested in Barangay North h/news/2020/5/12/ Poblacion, Sta. Cruz, Zambales after nbi-arrests- 12 May 2020 posting on that “I will give ₱50 teacher-duterte- Million reward kung sino makakapatay bounty.html kay Duterte (to anyone who can kill Duterte)."

Maria Catherine Ceron, 26, will be https://cnnphilippines.c charged with inciting to sedition, for om/regional/2020/5/13/ woman-arrested-75- allegedly offering online a 75-M bounty 13 May 2020 ₱ million-bounty.html? to anyone who will kill President Rodrigo fbclid=IwAR1LcIYwOd0 Duterte. Ad4RPy01pwOKj3xqGM 43GhVWxDWKt0lZEJclw uhZXPG8qoZE

[10] Supra Ibid 2

JULY 2020 PAGE | 14 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I V

Mickaela Manzon was charged with https://www.philst resistance and disobedience to a person ar.com/nation/202 in authority, alarm and scandal, unjust 0/05/16/2014321/wo vexation and violation of the Bayanihan man-held-defying- Heal as One Act for allegedly trying to checkpoint- defy a checkpoint set up to enforce the caloocan 16 May 2020 enhanced community quarantine. Police officers told the woman she was not allowed past the checkpoint because she wore no face mask, had no quarantine pass and the area was under “hard lockdown.”

PISTON jeepney drivers were arrested and https://cnnphilippi detained for six days, including a 72-year nes.com/news/202 old man for failing to practice physical 0/6/18/2-of-6- distancing during a protest and were arrested-Piston- allegedly resisting authorities despite the jeepney-drivers- public's clamour for their release. On June positive-COVID- 2 June 2020 18, two out of the six arrested PISTON 19.html? Jeepney drivers test positive for COVID-19. fbclid=IwAR2KCJkx NjimPX96nUVHkM bp9Fkwz3- Ki7JvI4w6vprbz0kx 3wzlANNgJ9k

Journalist and COVID-19 survivor, Howie https://newsinfo.in Severino, was arrested after he quirer.net/1303750/ temporarily lowered his face mask for a howie-severino- drink. He was taken to Amoranto gets- 8 July 2020 Stadium for a brief seminar on proper use apprehended-for- of the face mask in public. putting-down- mask-to-sip-water- in-qc

Other forms of violations and suppressions: of the Center for Environmental Concerns – Incidences of rape, domestic violence, and Philippines (CECP) said in a statement.[12] online child exploitation[ 11] dramatically increased during the implementation of 7 July 2020, days after the Anti-Terrorism lockdowns on certain areas in the country. bill was signed by Duterte, the Secretary- This was tagged as the “silent pandemic”. General of Karapatan, Cristina Palabay, exposed an attempt by authorities to serve Environmental activists and defenders are her a warrant of arrest. The supposed not spared from the militaristic “health” warrant was rooted from a perjury approach during the lockdown wherein a complaint earlier filed by National Security number of activists were killed and Adviser against her gunned down. “The repression amidst the and officers of the rights group Karapatan,

militaristic lockdown begs the question of [11] Gavilan, Jodesz. Rappler. Child sex abuse material now peddled for as low as P100 on twitter. Retrieved from https://www.rappler.com/newsbreak/investigative/261523-besides-private-sex-videos- the the sincerity of the government in child-porn-peddled-twitterphilippines? tm_medium=Social&utm_campaign=Echobox&utm_source=Facebook&fbclid=IwAR1haYi8PAKO6sCVMp providing people with much-needed x4_6-MWSn5ZOSoCY6Yy8fpIcPoBYIkh_qQlJAo43s#Echobox=1593851268 [12] Mongabay. Deaths, arrests and protests as Philippines re-emerges from lockdown. Retrieved from https://news.mongabay.com/2020/05/deaths-arrests-and-protests-as- relief,” Lia Alonzo philippines-re-emerges-from-lockdown/

JULY 2020 PAGE | 15 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I V

and two human rights organizations. What Government should have focused on large- is bothersome was the fact that the arrest scale mass testing, further protection of warrant was served by a “guy who frontliners, psychosocial interventions, and introduced himself as an LBC courier” and health system reforms since January 2020. a “guy in plainclothes”. It was later Instead, only VIPs or privileged were discovered that the “LBC guy” was also a prioritized for testing. They were also not cop. Palabay argued the way the warrant consistent with their statements, one day of arrest was served was not proper. The they are saying that there will be mass cops apologized but averred that they testing,[ 16 ] the next day there will be none[ 1 7]. would not be able to arrest anyone that way and “that people being arrested might As a result, Philippines has one of the highest escape”. [13] infection rates in Southeast Asia with all its neighboring countries gradually progressing

in suppressing the virus. [18] Analysis

The Bayanihan Law and other existing laws This approach by the current administration were weaponized and used as shield to has elicited criticisms worldwide. The United sytematically curtail all forms of human Nations has raised concerns regarding rights, including freedom of speech and countries’ response to COVID-19, particularly expression amidst a pandemic. It is like citing the Philippines as repressive. The UN witnessing again the dark days of our country High Commissioner for Human Rights combined with a national health crisis. Michelle Bachelet has called out countries Undoubtedly, the Philippines’ longest where police and security forces have used lockdown was a in fact a “crackdown” [ 14. ] unnecessary force to make people abide by lockdown and curfew rules. The victims were Government turned a blind eye to the real mostly coming from the poor and vulnerable needs of the Filipino people. The vulnerable sectors.[ 19 ] She said force should only be used sectors faced harsher penalties when they are when strictly necessary and lethal force the hardest hit by the pandemic. Compassion should only be carried out when there is an was only given to those in position, who are imminent risk to life. administration allies. In HRW Deputy Asia Director Phil Robertson’s As the courts were closed during the words, "while the Philippines government lockdown, not all had access to legal needs to protect the health and welfare of remedies.

It is evident that the government’s priority [13] Casilao, Joahna Lei. GMA News Online. Karapatan Sec-Gen bares arrest try by cop posing as LBC courier’. 7 July 2020. Retrieved from https://www.gmanetwork.com/news/news/nation/745915/karapatan- sec-gen-bares-police-attempt-to-serve-void-arrest-warrant-via-lbc-courier/story/ during the ECQ was to mobilize the police [14] Irvine, John. ITV News. How coronavirus appears to be an enemy of democracy. 27 April 2020. Retrieved from https://www.itv.com/news/2020-04-26/coronavirus-outbreak-threatens-human-rights- and military and to acquire emergency appears-enemy-of-democracy-john-irvine-writes/ [15] Aspinwall, Nick. The Diplomat. Police Abuses, Prison Deaths Draw Concern as Philippines Tightens powers for the President. Our country is one Lockdown Measures. 30 April 2020. Retrieved from https://thediplomat.com/2020/04/police-abuse- prison-deaths-draw-concern-as-philippines-tightens-lockdown-measures/ of the several countries where police and [16] CNN Philippines. Duque: Some 'VIPs' directly requested for COVID-19 testing. 24 March 2020. Retrieved from https://www.cnnphilippines.com/news/2020/3/24/Philippines-coronavirus-COVID-19-VIP- other security forces are using excessive and test.html [17] Mercado, Neil Arwin. Inquirer. No mass testing ever conducted since outbreak. 21 May 2020. Retrieved from https://newsinfo.inquirer.net/1278855/duque-admits-no-covid-19-mass-testing-ever- sometimes deadly force to enforce lockdowns conducted-since-outbreak [18] Deinla, Imelda. East Asia Forum. COVID-19 tightens Duterte’s iron grip. 18 June 2020. Retrieved from and curfews [15 ] but with no laudable national https://www.eastasiaforum.org/2020/06/18/covid-19-tightens-dutertes-iron-grip/ [19] CNN Philippines. UN sounds alarm on PH’s ‘highly militarized’ lockdown response.” 29 health progress. April 2020. Retrieved from https://www.cnnphilippines.com/news/2020/4/29/Philippines-COVID-19- quarantine-police-military.html

JULY 2020 PAGE | 16 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I V

the people, any interventions must be in line government efforts in cracking down with international human rights standard, cybercrime activities especially during the including the prohibition against cruel, ECQ. Moreover, there appears to be no inhuman, and degrading treatment of people concrete actions from relevant agencies on in custody.” the matter considering numerous news reports on online child sex abuse in the According to National Union of People’s country despite its very appalling prevalence. Lawyers (NUPL), the more than 30-days lockdown has demonstrated just how bound The State and concerned agencies need to do and determined this administration is, not in a comprehensive detection of gaps and ‘flattening the curve’ of COVID-19 cases, but in loopholes in current laws and identify as to committing human rights violations with why despite numerous legislations aimed to impunity along the way. It is hell-bent on protect children, online sexual exploitation is ‘flattening’ and dismissing criticisms on the still widespread, especially now that everyone glaring ‘double standards’ in the is required to stay at home. The Filipino implementation of its own lockdown policies, youth, particularly those who are trapped and the real talk of growling stomachs, and the confined in their homes, must not be sound proposals of experts to cushion the neglected during these trying times. economic impact of a dominantly militarist approach to the crisis.”[20] A lot of incidents of gender-based violence in certain checkpoints were reported. These Clearly, the aggressive and punitive usage of include forcing members of the LGBTQA+ to an “iron fist” during a National Health kiss and dance lewdly and airing it on Emergency was pointless, obstructive and Facebook live. Stories of alleged sexual utterly ludicrous. harassment of women by law enforces surfaced also on social media. Mental Health

The incident concerning Ragos tackles the The International Covenant on Civil and lack of attention regarding mental health. Political Rights (ICCPR), to which the Mental health is a human right[ 21 ] . Concerned Philippines is a State party, provides for the agencies should also map out a possibility of limiting certain rights in the comprehensive mental health strategy or plan interests of public health, and, in the most for the country taking into consideration the extreme cases, derogating from certain rights COVID-19 effects on all sectors especially the during declared states of emergency, to the labor industry, which has been greatly extent strictly necessary to meet a threat to affected due to the need of other companies the life of the nation…The rights to freedom of to retrench some of their workers. We must movement and freedom of opinion and take in consideration that one-on-one expression are two of the rights that may be therapies are currently not available due to limited under international law, but there are the observance of physical distancing. The still parameters that must be followed when government must therefore incorporate in applying limitations. They must be their health plan various approaches in established by law, are necessary, addressing these gaps and ensure that the proportionate and non-discriminatory. This Mental Health Act is being upheld even during a pandemic.

[19] CNN Philippines. UN sounds alarm on PH’s ‘highly militarized’ lockdown response.” 29 April 2020. Women, Children and Youth Retrieved from https://www.cnnphilippines.com/news/2020/4/29/Philippines-COVID-19-quarantine- police-military.html From the beginning, this administration has [20] Lulu, Gabriel Pabico. Inquirer. Gov’t more into rights violations than solving COVID-19 crisis, group says. [21] United Nations Human Rights. Office of the High Commissioner. Mental health is a human right. been silent on any of the status of the Retrieved from https://www.ohchr.org/EN/NewsEvents/Pages/MentalHealthIsAhumanright.aspx

JULY 2020 PAGE | 17 A N A T O M Y O F A F A I L E D P A N D E M I C R E S P O N S E : P A R T I V

means that only the east restrictive measure must be applied. Further, the prohibition against torture or cruel, inhuman or degrading treatment or punishment is absolute and is not subject to limitation or

derogation, even in times of emergency.[22]

Indeed, we are facing a long and grim path in fighting and containing COVID-19 but what is clear, yet always ignored and infringed, is that more human rights violations and “shoot them dead” orders will never help the country triumph this health war against a pandemic— it will only make everything worse.

[22] Gil, Emerlynne. Philippines: upholding human rights during a state of public health emergency. 27 April 2020. Retrieved from https://www.icj.org/philippines-upholding-human-rights-during-a-state-of- public-health-emergency/

JULY 2020 PAGE | 18 Senator Leila M. de Lima

A human rights defender and social justice champion, Sen. Leila M. de Lima remains unjustly detained to this day (1246 days and counting) for speaking truth to power. Even as she faces false drug charges filed against her by the government without any material evidence and primarily on the basis of perjured testimonies of convicted criminals, De Lima remains unbowed. With truth on her side and global institutions behind her, De Lima keeps on fighting for her innocence while serving the Filipino people.

ANATOMY OF A FAILED PANDEMIC RESPONSE | JULY 2020